jswizzle3737/ontario_laws_and_regs huggingface dataset:
58 (1) If a charge mentioned in subsection 57 (2) is in default for at least 60 days, the Director may by order create a lien against the property of the person who is liable to pay the charge.  2008, c. 9, s. 58 (1). Liens on personal property (2) If the lien created by the Director under subsection (1) relates to personal property, (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b)  the lien is deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c)  the Director may perfect the security interest mentioned in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.  2008, c. 9, s. 58 (2). Charges on real property (3) If the lien created by the Director under subsection (1) relates to real property, the Director may register the lien in the proper land registry office against the property of the person liable to pay the charge covered by the lien and, on registration, the obligation under the lien becomes a charge on the property.  2008, c. 9, s. 58 (3). Initiation of sale proceedings prohibited (4) The Director shall not initiate sale proceedings in respect of any real property against which the Director has registered a lien under subsection (3).  2008, c. 9, s. 58 (4). Proceeds of sale (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Director shall ensure that the funds that the Director receives as a result of the sale are used to pay the charge covered by the lien.  2008, c. 9, s. 58 (5). Discharge of lien (6) Within 10 days after the Director has knowledge of the payment in full of the charge covered by the lien, the Director shall, (a)  discharge the registration of any financing statement registered under clause (2) (c); and (b)  register a discharge of a charge created on registration of a lien under subsection (3).  2008, c. 9, s. 58 (6). Administrative Penalties
59 (1) An assessor who is satisfied that a licensee has contravened or is contravening a prescribed provision of this Act or the regulations may, by order, impose an administrative penalty against the licensee in accordance with this section and the regulations made by the Minister.  2008, c. 9, s. 59 (1). Purpose (2) The purpose of an administrative penalty is to promote compliance with the requirements established by this Act and the regulations.  2008, c. 9, s. 59 (2). Amount (3) The amount of an administrative penalty shall reflect the purpose of the penalty and shall be the amount prescribed by the Minister, which prescribed amount shall not exceed $10,000.  2008, c. 9, s. 59 (3). Form of order (4) An order made under subsection (1) imposing an administrative penalty against a licensee shall be in the form that the prescribed person who is authorized to designate assessors determines.  2008, c. 9, s. 59 (4). Service of order (5) The order shall be served on the licensee in the manner that the prescribed person mentioned in subsection (4) determines.  2008, c. 9, s. 59 (5). Absolute liability (6) An order made under subsection (1) imposing an administrative penalty against a licensee applies even if, (a)  the licensee took all reasonable steps to prevent the contravention on which the order is based; or (b)  at the time of the contravention, the licensee had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.  2008, c. 9, s. 59 (6). No effect on offences (7) For greater certainty, nothing in subsection (6) affects the prosecution of an offence.  2008, c. 9, s. 59 (7). Other measures (8) Subject to section 61, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a licensee provided by this Act or the regulations, including the application of conditions to a licence by the Registrar, the suspension or revocation of a licence or the refusal to renew a licence.  2008, c. 9, s. 59 (8). Limitation (9) An assessor shall not make an order under subsection (1) more than two years after the day the assessor became aware of the licensee’s contravention on which the order is based.  2008, c. 9, s. 59 (9). No hearing required (10) Subject to the regulations made by the Minister, an assessor is not required to hold a hearing or to afford a licensee an opportunity for a hearing before making an order under subsection (1).  2008, c. 9, s. 59 (10). Non-application of other Act (11) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1).  2008, c. 9, s. 59 (11).
60 (1) The licensee against whom an order made under subsection 59 (1) imposes an administrative penalty may appeal the order to the person prescribed by the Minister by delivering a written notice of appeal to the person within 15 days after receiving the order.  2008, c. 9, s. 60 (1). Extension of time for appeal (2) The prescribed person mentioned in subsection (1) may extend the time period for appealing and may determine the circumstances in which extensions are given.  2008, c. 9, s. 60 (2). Form of notice (3) The notice of appeal shall be in the form that the prescribed person mentioned in subsection (1) determines.  2008, c. 9, s. 60 (3). Filing of notice (4) The licensee shall file the notice of appeal in the manner that the prescribed person mentioned in subsection (1) determines.  2008, c. 9, s. 60 (4). Stay (5) An appeal commenced in accordance with subsection (1) operates as a stay of the order until disposition of the appeal.  2008, c. 9, s. 60 (5). Opportunity for submissions (6) Before disposing of an appeal, the prescribed person mentioned in subsection (1) shall give the licensee a reasonable opportunity to make written submissions.  2008, c. 9, s. 60 (6). Powers on appeal (7) On an appeal, the prescribed person mentioned in subsection (1) may confirm, revoke or vary the order within the limits, if any, established by the regulations made by the Minister.  2008, c. 9, s. 60 (7). Non-application of other Act (8) The Statutory Powers Procedure Act does not apply to an appeal made under this section.  2008, c. 9, s. 60 (8).
61 If a licensee pays an administrative penalty in accordance with the terms of the order imposing it against the licensee or, if the order is varied on appeal, in accordance with the terms of the varied order, the licensee cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the licensee in respect of the same contravention on which the order is based.  2008, c. 9, s. 61.
62 (1) If a licensee fails to pay an administrative penalty in accordance with the terms of the order imposing it against the licensee or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court.  2008, c. 9, s. 62 (1). Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order.  2008, c. 9, s. 62 (2). Debt due to Crown (3) An administrative penalty that is not paid in accordance with the terms of the order imposing it or, if the order is varied on appeal, in accordance with the terms of the varied order is a debt due to the Crown and is enforceable as such.  2008, c. 9, s. 62 (3). PART VI   General
63 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b)  to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (c)  as authorized under the Regulatory Modernization Act, 2007; (d)  to a prescribed entity or organization, if the purpose of the communication is consumer protection; (e)  to a law enforcement agency; (f)  to the person’s counsel; or (g)  with the consent of the person to whom the information relates.  2008, c. 9, s. 63 (1). Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2008, c. 9, s. 63 (2). Information about licensees (3) As required by regulation, the Registrar shall make available to the public, in the prescribed form and manner, the names of licensees and other information about licensees that is prescribed.  2008, c. 9, s. 63 (3).
64 (1) Any notice, order or request of the Director or the Registrar is sufficiently given or served if it is delivered personally or sent by registered mail or by another manner if the sender can prove receipt of the notice, order or request.  2008, c. 9, s. 64 (1). Deemed service (2) If service is made by registered mail, the service is deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order or request until a later date.  2008, c. 9, s. 64 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.  2008, c. 9, s. 64 (3).
65 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a)  the licence or non-licensing of any person or entity; (b)  the filing or non-filing of any document or material required or permitted to be filed with the Registrar; (c)  the time when the facts upon which the proceedings are based first came to the knowledge of the Director; or (d)  any other matter pertaining to the licensing or non-licensing of persons or entities or to the filing or non-filing of information.  2008, c. 9, s. 65 (1). Proof of document (2) Any document made under this Act that purports to be signed by the Director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Director without proof of the office or signature of the Director.  2008, c. 9, s. 65 (2). Part VII   Ontario payday lending education fund Fund Established
66 (1) A fund is established to be known as the Ontario Payday Lending Education Fund in English and Fonds ontarien de sensibilisation au crédit sur salaire in French.  2008, c. 9, s. 66 (1). Composition (2) The Fund is composed of, (a)  the payments that licensees are required to make to the Fund; (b)  all money received from any other source; and (c)  all income on the payments and money mentioned in clauses (a) and (b), including any rights or benefits occurring from the investment of the payments and money or any property obtained from the investment of the payments and money.  2008, c. 9, s. 66 (2). Minister’s orders (3) The Minister may, by order, (a)  establish the amount of payments that licensees are required to make to the Fund or the method for determining the amount of those payments; (b)  require the making of the payments described in clause (a); and (c)  make rules governing the making of the payments described in clause (a).  2008, c. 9, s. 66 (3). Non-application of other Act (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (3).  2008, c. 9, s. 66 (4).
67 The purposes of the Fund are, (a)  to promote the education of persons respecting the rights and obligations of persons and entities under this Act and respecting financial planning, where the education is done through the use of publications, training, advertising, and similar initiatives, including by making grants and transfer payments; and (b)  to achieve other objectives that are consistent with the purposes of this Act and that are prescribed by the Minister.  2008, c. 9, s. 67. Designation of Corporation
68 (1) The Minister may, by regulation, designate a not-for-profit corporation incorporated without share capital under the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act to administer the Fund if, (a)  the corporation meets the requirements prescribed by the Minister; and (b)  the Minister and the corporation have entered into an agreement with respect to the administration of the Fund.  2008, c. 9, s. 68 (1); 2010, c. 15, s. 236 (1). Name (2) The name of the corporation designated under subsection (1) shall be the Ontario Payday Lending Education Fund Corporation in English and Société de gestion du Fonds ontarien de sensibilisation au crédit sur salaire in French.  2008, c. 9, s. 68 (2). Objects and powers (3) The corporation designated under subsection (1) shall have the purposes set out in section 67 as its objects and shall have the capacity, rights and powers of a natural person, except as prescribed.  2008, c. 9, s. 68 (3). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 236 (1) - 19/10/2021
69 (1) The Minister may, by regulation, revoke the designation of a corporation as the Corporation.  2008, c. 9, s. 69 (1). No hearing required (2) The Minister is not required to hold a hearing or to afford the corporation an opportunity for a hearing before making a regulation under subsection (1).  2008, c. 9, s. 69 (2). Dissolution (3) If the Minister makes a regulation under subsection (1) revoking the designation of a corporation, the corporation is dissolved.  2008, c. 9, s. 69 (3).
70 (1) If the corporation designated as the Corporation is voluntarily dissolved before its designation as the Corporation has been revoked under section 69, the designation of the corporation is deemed to be revoked as of the date on which the dissolution takes effect.  2008, c. 9, s. 70 (1). Results (2) If the corporation designated as the Corporation is dissolved, whether voluntarily or not, then, subject to any order of a court of competent jurisdiction, after payment of all debts and liabilities, the remaining property of the corporation shall be distributed to, (a)  whatever other corporation is designated as the Corporation, if any; or (b)  the Crown, otherwise.  2008, c. 9, s. 70 (2). Corporation
71 (1) The Corporation shall administer the Fund in accordance with this Act and the regulations.  2008, c. 9, s. 71 (1). Minister’s direction (2) The Minister may direct the Corporation to take any action or to refrain from taking any action if the Minister considers it appropriate in the public interest to so direct.  2008, c. 9, s. 71 (2).
72 (1) The Corporation and its members, officers, directors, employees and agents, together with the persons whose services the Corporation retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown.  2008, c. 9, s. 72 (1). No Crown liability (2) No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission of a person who is not an employee or agent of the Crown.  2008, c. 9, s. 72 (2).
73 (1) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act
apply to the Corporation unless the regulations made by the Minister specify otherwise.  2008, c. 9, s. 73 (1); 2010, c. 15, s. 236 (2). Directors and officers (2) Subject to this Act and the regulations made by the Minister, section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to the directors and officers of the Corporation with necessary modifications.  2008, c. 9, s. 73 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 236 (2) - 19/10/2021
74 (1) The Corporation shall make a report annually to the Minister, within the time prescribed by the Minister.  2008, c. 9, s. 74 (1). Contents (2) The report shall deal with the administration of the Fund by the Corporation and shall contain the other information that the Minister prescribes.  2008, c. 9, s. 74 (2). Tabling (3) The Minister shall, (a)  submit the report to the Lieutenant Governor in Council; (b)  lay the report before the Assembly, if it is in session; and (c)  deposit the report with the Clerk of the Assembly, if the Assembly is not in session.  2008, c. 9, s. 74 (3). Other reports (4) The Corporation shall give the Minister whatever other information and reports on its administration of the Fund that the Minister requires.  2008, c. 9, s. 74 (4). Part VIII   Regulations and fee orders
75 (1) The Minister may, by order, establish and require the payment of fees that an applicant for a licence or the renewal of a licence or a licensee is required to pay in respect of the licence or other administrative matters.  2008, c. 9, s. 75 (1). Same, branch offices (2) In establishing fees under subsection (1), the Minister may require that an applicant for a licence or a licensee pay a separate fee for the main office and for each branch office that the licence authorizes the applicant or the licensee to operate.  2008, c. 9, s. 75 (2). Non-application of other Act (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).  2008, c. 9, s. 75 (3).
76 The Minister may make regulations, (a)  governing any matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister; (b)  specifying a different administrative penalty for a contravention of different prescribed provisions of this Act or the regulations, different portions of those prescribed provisions or different prescribed requirements in those prescribed provisions; (c)  providing that the prescribed amount of an administrative penalty mentioned in subsection 59 (3) shall be calculated on the basis specified in the regulation, including an amount reflecting the number of transactions involved in the contravention on which an order for the administrative penalty is based; (d)  governing the procedure for making an order under section 59 for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the licensee against whom the order is made; (e)  governing the procedure for appealing an order made by an assessor under section 59 and the rights of the parties affected by the appeal, including the time at which the notice of appeal is deemed to be received.  2008, c. 9, s. 76.
78 (1) A regulation made under this Act may be of general application or specific to any person, entity, place or thing or any class of persons, entities, places or things in its application.  2008, c. 9, s. 78 (1). Classes (2) A class described in the regulations made under this Act may be described according to any characteristic or combination of characteristics and may be described to include or exclude any specified member, whether or not with the same characteristics.  2008, c. 9, s. 78 (2). 79, 80 Omitted (amends or repeals other Acts).  2008, c. 9, ss. 79, 80. 81 Omitted (provides for coming into force of provisions of this Act).  2008, c. 9, s. 81. 82 Omitted (enacts short title of this Act).  2008, c. 9, s. 82. ______________  Français